[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80689-80691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25559]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-889]


Certain Quartz Surface Products From India: Final Results of 
Antidumping Duty Administrative Review, and Final Determination of No 
Shipments; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on certain quartz 
surface products (quartz surface products) from India. We determine 
that Pokarna Engineered Stone Limited (PESL) and Marudhar Rocks 
International Pvt. Ltd./Marudhar Quartz Surface Private Limited 
(collectively, Marudhar Rocks) did not make sales of subject 
merchandise at less than normal value during the period of review (POR) 
June 1, 2021, through May 31, 2022. We also determine that one company 
had no shipments.

DATES: Applicable November 20, 2023.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Joy Zhang, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 482-1168, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 7, 2023, Commerce published the Preliminary Results of this 
review in the Federal Register and invited interested parties to 
comment on those results.\1\ For a complete description of the events 
that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ Commerce conducted this review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Quartz Surface Products from India: Preliminary 
Results of Antidumping Duty Administrative Review, Preliminary 
Determination of No Shipments and Partial Rescission of Antidumping 
Duty Administrative Review; 2021-2022, 88 FR 43292 (July 7, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review: Certain Quartz Surface 
Products from India, 2021-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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    \3\ See Certain Quartz Surface Products from India and Turkey: 
Antidumping Duty Orders, 85 FR 37422 (June 22, 2020) (Order).
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    The products covered by the Order are quartz surface products from 
India. For a complete description of the scope, the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are listed in Appendix I to this notice and addressed in 
the Issues and Decision Memorandum. The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 3HQ 
Surfaces had no shipments of subject merchandise during the POR.\4\ No 
party filed comments with respect to this preliminary finding, and we 
received no

[[Page 80690]]

information to contradict it. Therefore, we continue to find that 3HQ 
Surfaces had no shipments of subject merchandise during the POR and 
will issue appropriate liquidation instructions based on the final 
results of this review.\5\
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    \4\ See Preliminary Results PDM at 5.
    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Automatic Assessment Clarification).
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Rates for Companies Not Selected for Individual Examination

    For the rate for non-selected respondents in an administrative 
review, generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
market economy investigation. Under section 735(c)(5)(A) of the Act, 
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' In this segment of the proceeding, 
we calculated dumping margins of zero percent for both Marudhar Rocks 
\6\ and PESL. Thus, in accordance with the expected method, and 
consistent with the U.S. Court of Appeals for the Federal Circuit's 
decision in Albemarle,\7\ in this review, we have assigned the non-
selected companies a zero percent margin.
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    \6\ In the Preliminary Results, we preliminarily determined to 
collapse Marudhar Rocks and Marudhar Quartz as a single entity for 
the POR, pursuant to 19 CFR 351.401(f). See Memorandum, 
``Preliminary Affiliation and Collapsing Memorandum,'' dated June 
29, 2023. No interested parties filed any comments on Commerce's 
collapsing decision. We continue to treat the two companies as a 
single entity for the final results of this administrative review.
    \7\ See Albemarle Corp. v. United States, 821 F.3d 1345, 1352 
(Fed. Cir. 2016) (Albemarle) (holding that Commerce may only use 
``other reasonable methods'' if it reasonably concludes that the 
expected method is ``not feasible'' or ``would not be reasonably 
reflective of potential dumping margins'').
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Final Results of the Review

    Commerce determines the following estimated weighted-average 
dumping margins exist for the period June 1, 2021, through May 31, 
2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Pokarna Engineered Stone Limited............................        0.00
Marudhar Rocks International Pvt. Ltd./Marudhar Quartz              0.00
 Surface Private Limited....................................
Non-Selected Companies \8\..................................        0.00
------------------------------------------------------------------------

Disclosure
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    \8\ See Appendix II for a full list of the companies not 
individually examined in this review.
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    We intend to disclose the calculations performed for Marudhar Rocks 
for these final results of review to the parties within five days after 
the date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b). There are no final results 
calculations to disclose for PESL.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. For any individually examined respondents 
whose weighted-average dumping margin is above de minimis, we 
calculated importer-specific ad valorem duty assessment rates by 
dividing the total amount of antidumping duties calculated for the 
examined sales by the total entered value of the examined sales to that 
importer. Where the respondent did not report entered value, we 
calculated the entered value in order to calculate the assessment rate. 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis within the meaning of 19 CFR 351.106(c)(1), or an 
importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by PESL or Marudhar Rocks 
for which the company did not know that the merchandise it sold to an 
intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate such entries at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction.\9\
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    \9\ See Automatic Assessment Clarification.
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    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the company-specific weighted- average 
dumping margin determined in these final results. Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review in the Federal Register, as provided for 
by section 751(a)(2) of the Act: (1) the cash deposit rate for 
companies subject to this review will be the rates established in these 
final results of the review; (2) for merchandise exported by producers 
or exporters not covered in this review but covered in a prior segment 
of the proceeding, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original investigation but the producer is, then the cash deposit rate 
will be the rate established for the most recent period for the 
producer of the merchandise; (4) the cash deposit rate for all other 
producers or exporters will continue to be 1.02 percent, the all-others 
rate established in the investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification Regarding the Administrative Protective Order

    This notice also serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or

[[Page 80691]]

destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: November 13, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: The Calculation of Constructed Value Profit and 
Selling Expenses for the Final Results
    Comment 2: Whether to Apply an Adverse Inference Regarding 
Marudhar Rocks' Physical Characteristics Reporting
    Comment 3: Whether Commerce Should Accept Marudhar Rocks' 
Reported Labor, Energy and Variable Overhead
    Comment 4: Whether to Treat Marudhar Rocks' Free Samples as U.S. 
Sales
    Comment 5: Capping Freight Revenue Recovered by Marudhar Rocks
VI. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Antique Granito Shareholders Trust
2. Antique Marbonite Private Limited/Prism Johnson Limited/Shivam 
Enterprises
3. Argil Ceramics
4. Aro Granite Industries Ltd.
5. Asian Granito India Limited
6. Baba Super Minerals Pvt. Ltd.
7. Camrola Quartz Limited
8. Classic Marble Company Pvt. Ltd.
9. Cuarzo
10. Divya Shakti Granites Ltd
11. Divya Shakti Ltd
12. Esprit Stones Private Limited
13. Global Surfaces Limited
14. Glowstone Industries Pvt. Ltd.
15. Hi Elite Quartz LLP
16. International Stones India Pvt. Ltd.
17. Keros Stone LLP
18. Mahi Granites Private Limited
19. Malbros Marbles and Granites Industries
20. Mountmine Impex Pvt. Ltd.
21. Pacific Industries Limited
22. Pacific Quartz Surfaces LLP
23. Paradigm Stone India Pvt. Ltd.
24. Pelican Buildmat Pvt. Ltd.
25. Pelican Grani Marmo Pvt. Ltd.
26. Pelican Quartz Stone
27. QuartzKraft LLP
28. Renshou Industries
29. RMC Readymix Porselano India Limited
30. Rocks Forever
31. Safayar Ceramics Pvt. Ltd.
32. Satya Exports
33. Southern Rocks and Minerals Pvt. Ltd.
34. Sunex Stones Private Limited
35. Tab India Granites Pvt. Ltd.
36. Venkata Sri Balaji Quartz Surfaces

[FR Doc. 2023-25559 Filed 11-17-23; 8:45 am]
BILLING CODE 3510-DS-P